Without a doubt,Climate change has profoundly affected the economic and social development of various countries、bet365 bonus code louisiana peace and even the future of mankind,No country can stay aloof、One of the things that must be dealt with together。However,Different countries are affected differently,Different responsibilities,Coping abilities are even more disparate,Hence the attitude towards climate change、Different positions on intentions and plans。The current climate change situation indicates,The social foundation of bet365 bonus code louisiana law has undergone major changes,Climate change and bet365 bonus code louisiana law are increasingly closely related,bet365 bonus code louisiana law has been given more expectations by the bet365 bonus code louisiana community in this regard,The ability to cope with climate change has become a touchstone to test the role of bet365 bonus code louisiana law。
How climate change affects bet365 bonus code louisiana law
When most of the existing bet365 bonus code louisiana legal systems were formed,Climate change has not yet become a matter of concern to the development or even survival of all countries and mankind。Therefore,The current bet365 bonus code louisiana legal system and spirit basically do not consider climate change factors。current,Climate change has led to significant changes in the underlying factors for the establishment and operation of bet365 bonus code louisiana law,Has a systemic impact on bet365 bonus code louisiana law,Prompt people to reflect on the effectiveness and legitimacy of bet365 bonus code louisiana law。
On the one hand,Climate change affects almost all existing bet365 bonus code louisiana legal regimes。Take the impact of rising sea levels caused by global warming as an example,The rise in sea level has caused physical displacement of the base points of territorial waters,Changed internal water、Territorial waters、Exclusive Economic Zone、The scope of the continental shelf and the status of maritime features,This not only affects the territorial sovereignty of coastal states and their rights in relevant waters,It may also lead to disputes between coastal states and coastal states and non-coastal states over territorial sovereignty and maritime rights。Rising sea levels have also caused the land territories of some coastal countries to be submerged into water,Even lose all land territory,This will affect the application of current customary bet365 bonus code louisiana law on the identification of state subjects。Rising sea levels also worsen the living environment,Create climate migrants or refugees,This is a major challenge to current bet365 bonus code louisiana immigration law and bet365 bonus code louisiana refugee law。
On the other hand,Climate change also prompts people to reflect on the spirit of bet365 bonus code louisiana law。Long time,National interests are considered to be the basic driving force for national actions,State consent is considered the fundamental basis of bet365 bonus code louisiana law practice。Accordingly,State-centrism and state individualism constitute the basic spirit of bet365 bonus code louisiana law,Profoundly affects the construction and implementation of specific bet365 bonus code louisiana legal systems。Although,The above spirit of bet365 bonus code louisiana law reflects reality to a certain extent,And meet the needs of safeguarding the sovereignty of various countries and bet365 bonus code louisiana peace;But,It seriously restricts the ability of bet365 bonus code louisiana law to deal with matters that transcend the interests of specific countries。Since the mid-20th century,The concept of bet365 bonus code louisiana community is increasingly valued,In peace、Human rights and other fields have given rise to some substantive and procedural law practices that transcend specific national interests and national consent。However, some big countries rely on their strength advantages,Tend to ignore the bet365 bonus code louisiana legal system regarding the community,Even trying to make these bet365 bonus code louisiana legal systems a tool for achieving hegemony。Climate change is a matter of real national interest,A problem that no country can deal with alone。Facing the climate problem,Countries may violate national interests、Power politics and other obstacles to achieve cooperation,And reshape the state-centrism and national individualism spirit of bet365 bonus code louisiana law。
How bet365 bonus code louisiana law responds to climate change
Addressing climate change is a systematic project,bet365 bonus code louisiana law or even law is not the only tool to deal with climate change。But in view of the increasingly serious problem of climate change,And state behavior is increasingly constrained by bet365 bonus code louisiana law,bet365 bonus code louisiana law can and should play an active role in addressing climate change。For this,Two basic issues must be resolved at the specification level,How to adjust current bet365 bonus code louisiana law,And how to develop special bet365 bonus code louisiana law on climate。
As far as the former is concerned,Many current bet365 bonus code louisiana legal systems were created before climate change became an important common bet365 bonus code louisiana concern,Not only do they rarely include content on combating climate change,On the contrary, it may constitute a legal obstacle to taking measures to combat climate change。Should be pointed out,In recent years, some bet365 bonus code louisiana treaties have included climate change provisions,This allows contracting parties to take relevant measures to address climate change;Even if climate change provisions have not yet been included,Some treaties have also been interpreted in a way that is conducive to combating climate change。In addition,People are also actively exploring the potential of customary bet365 bonus code louisiana law in addressing climate change。
As far as the latter is concerned,Since the 1990s,A series of important progresses have been made in bet365 bonus code louisiana law-making on climate change,Mainly including the United Nations Framework Convention on Climate Change, the Kyoto Protocol and the Paris Agreement。These specialized treaties not only impose bet365 bonus code louisiana obligations on the contracting states,Also provides guidance for States Parties to take additional measures to address climate change。Formally speaking,The bet365 bonus code louisiana legal norm system for climate change has been roughly formed,So much so that the expression “bet365 bonus code louisiana climate law” has been widely used。Nevertheless,The meaning of many bet365 bonus code louisiana legal norms regarding climate change is unclear,This restricts bet365 bonus code louisiana law from playing the expected role in addressing climate change。In addition,Because climate change is fundamentally caused by human activities,The role of specialized bet365 bonus code louisiana laws such as the United Nations Framework Convention on Climate Change largely depends on the practice of non-specialized bet365 bonus code louisiana laws such as bet365 bonus code louisiana economic and trade treaties。
In recent years,bet365 bonus code louisiana legal practice on climate change shows the following trends。First,The bet365 bonus code louisiana legal system on climate change is becoming increasingly hard-coded。bet365 bonus code louisiana law is no longer just about expressing concerns、Establish principles、Urge for action,But increasingly clear and enforceable rights and obligations。Second,The principle of common but differentiating is broken。This principle is established by the United Nations Framework Convention on Climate Change,According to this principle, the "Kyoto Protocol" only stipulates greenhouse gas emission obligations for developed countries,However, the Paris Agreement imposes such obligations on all countries。This certainly reflects the importance of climate change as an issue of common bet365 bonus code louisiana concern,But its rationality is questionable。Third,The implementation mechanism of bet365 bonus code louisiana climate change law continues to improve。Many countries are trying to promote the judicialization of bet365 bonus code louisiana climate change law,Thus clarifying the rights and obligations of state entities in this regard,And promote the realization of this right and obligation。Fourth,Capacity building issues are receiving increasing attention。A series of bet365 bonus code louisiana treaties such as the recently concluded Paris Agreement specifically include capacity building issues,This shows that the bet365 bonus code louisiana community recognizes,The normative model of rights and obligations alone is not enough to address climate change,The problem of national capabilities at the factual level must be solved。
Of course,The practice of bet365 bonus code louisiana law to address climate change also contains many risks,Including exacerbating tensions between different bet365 bonus code louisiana legal systems,And improper expansion of power by bet365 bonus code louisiana organizations, etc.。For example,The EU will start trial implementation on October 1, 2023 and plans to fully implement the carbon border adjustment mechanism in 2026。Whether this mechanism constitutes new trade protectionism and damages the multilateral trading system,Has attracted widespread attention。Another example,December 2022,The Committee on Small Island States on Climate Change and bet365 bonus code louisiana Law requests the bet365 bonus code louisiana Tribunal for the Sea to issue an advisory opinion,Explained in order to prevent、Reduce or control marine environmental pollution caused by climate change,What specific obligations should state parties to the United Nations Convention on the Law of the Sea undertake - raising doubts in many countries about the inappropriate expansion of jurisdiction of bet365 bonus code louisiana dispute settlement bodies。
China’s bet365 bonus code louisiana legal practice in addressing climate change
How China responds to climate change is not only related to China’s own national interests and the bet365 bonus code louisiana image of a responsible power,It is also related to the prospects of the bet365 bonus code louisiana community in dealing with climate change。October 2021,The Chinese government released "China's Policies and Actions to Address Climate Change",Explains China’s new ideas for dealing with climate change,Introducing China’s national strategy to address climate change,Summary of China’s major achievements in addressing climate change,And proposed China’s initiative to address climate change。
China has made significant contributions to combating climate change。First,China has vigorously safeguarded the principle of common but differentiated,Ensuring the correct development direction of bet365 bonus code louisiana climate change law。No matter from the perspective of historical responsibility for causing climate change,Looking at the actual ability to cope with climate change,The principle of common but differentiated distinction should be the cornerstone of relevant bet365 bonus code louisiana law practice。Second,China has led and promoted a series of important bet365 bonus code louisiana legal practices,For example, China is a key force in promoting the conclusion of the Paris Agreement。Third,China as a responsible big country,Proactively taking on more responsibility in combating climate change。China fully fulfills relevant bet365 bonus code louisiana obligations,And take many independent measures,This provides useful experience and an important example for countries on how to balance their own development interests and respond to climate change。
(The author is a professor at Fudan University Law School)
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